Massachusetts House approves bill outlawing revenge porn for second session in a row

House lawmakers passed legislation Wednesday that aims to crackdown on revenge porn, a proposal supporters said updates state law to reflect the way technology is used to harass people in the modern era.

The bill representatives approved on 151-0 vote would make it illegal for someone to spread nude content of another person without permission even if the subject agreed to take the photos or videos in the first place. The proposal now heads to the Senate for consideration.

Judiciary Committee Co-Chair Rep. Michael Day said the advancement of technology has presented teen sexting and revenge porn, issues the House wanted to address again this year “even as we had procedural difficulties getting this over the finish line last term.”

The Stoneham Democrat said sharing explicit images between adults is a legal choice some make but when the act is intended to harm the other, that is where state law needs to catch up.

“When consent turns to coercion, or an intent to harm the subject of the image or the video, through the non-consensual distribution of it, we’re now dealing with harassment that rises to a criminal level,” he said from the House floor.

Massachusetts and South Carolina are the only states in the country that do not have a law on revenge porn, and the bill that cleared the House Wednesday would add language to the state’s existing criminal harassment law to include penalties for the non-consensual sharing of explicit images.

The subject was a priority for former Gov. Charlie Baker, who lamented at the end of his time in office that the House and Senate could not agree to a final version before the 2021-2022 session came to a close even though both branches passed their own proposals that term.

In one major difference from what the House passed last session, representatives this year added “coercive control” to the definition of “abuse” in an effort to have non-physical forms of abuse — financial, technological, or emotional — by family or household members qualify for an abuse prevention order.

Rep. Tram Nguyen, an Andover Democrat who was a legal services attorney before serving as a lawmaker, said she worked with countless survivors of domestic violence, sexual assault, and harassment as a lawyer.

Many former clients, she said, were unable to escape controlling partners because courts did not recognize “insidious forms of abuse” that are defined as coercive control.

“’It’s a type of abuse where abusers make their partners feel completely powerless and dependent on them for essential aspects of their lives, including money, immigration status, or even housing,” Nguyen said. “And as a result, survivors of this form of abuse begin to believe that it’s impossible to leave their abusers because they can’t take care of themselves or their children.”

House lawmakers also worked in an extension to the statute of limitations for assault and battery on a family or household member, or against someone with an active protective order, from six to 15 years.

“It’s critical that we give survivors of domestic violence enough time to escape their perpetrator, to build a supportive and protective network, and feel that they and their loved ones are safe enough to come forward to law enforcement and share the reality of what they’ve endured,” said Rep. Natalie Higgins, a Leominster Democrat.

This session’s bill addresses teen sexting by creating an educational diversion program to educate teens on the consequences of sending or posting of explicit images. Minors who share explicit images of themselves or their peers would be diverted into the program instead of being charged with child pornography offenses.

Representatives filed four amendments to the proposal the House passed Wednesday. Lawmakers withdrew three related to GPS tampering, online sexual exploitation, and a commission to explore sentencing for online exploitation.

A successful amendment from Rep. Tricia Farley-Bouvier would regulate the non-consensual sharing of deep-fake pornography, or computer-generated nude images “that would falsely appear to a reasonable person to be an authentic representation of the person depicted.”

Farley-Bouvier said deep-fakes have “really taken hold” because of the growth of artificial intelligence.

“We are entering a new phase of exploitation, of AI manipulated digitalized nude photos,” the Pittsfield Democrat said. “This evolving technology has been leading to malicious and exploitive uses of AI.”

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